If you want to clear your record in Jacksonville, you may be considering a Florida record seal. A criminal record seal will remove your Jacksonville arrest and criminal charges from most background checks. In order to seal or expunge a Florida record, you need a certificate of eligibility from the Florida Department of Law Enforcement (FDLE). The FDLE may deny your application for a certificate of eligibility to expunge or seal your criminal record.
Florida Statute Section 943.0585 is used to expunge a Jacksonville record. Section 943 .059 is used from Jacksonville record seals. The FDLE will not give you a certificate of eligibility to expunge or seal a criminal history if you fall into one of the following categories:
- The criminal history record reflects that you have been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing any felony or a misdemeanor specified in s.943.051(3)b. Certain driving violations are classified as criminal, such as DUI, reckless driving, and (with some exceptions) driving while license is suspended/canceled/revoked.
- The criminal history record reflects that you have been adjudicated guilty of or adjudicated delinquent for committing one or more of the acts stemming from the arrest or alleged criminal activity to which the application pertains.
- The criminal history record reflects that you have received a prior sealing or expunction of a criminal history record under s.943.0585, s.943.059, former s.893.14, former s.901.33, former s.943.058, or from any jurisdiction outside the state.
- The criminal history record to which the application pertains relates to a violation of s.393.135, s.394.4593, s.787.025, chapter 794, s.796.03, s.800.04, s.810.14, s.817.034, s.825.1025, s.827.071, chapter 839, s.847.0133, s.847.0135, s.847.0145, s.893.135, s.916.1075 a violation enumerated in s.907.041, or a violation of any offense qualifying for registration as a sexual predator under s.775.21 or for registration as a sexual offender under s.943.0435, F.S., with a finding of guilt, or a plea or guilty or nolo contendre (without regard to whether adjudication was withheld).
- The criminal history record reflects that you have another petition to seal or expunge pending before a court or competent jurisdiction.
- The criminal history record reflects that the court supervision applicable to the disposition of the arrest or alleged criminal activity to which the application pertains has not been completed.” (Florida Department of Law Enforcement’s Website)
If you want to expunge your Florida criminal record and history, your charges must have been dismissed or sealed for 10 years. Otherwise, you may still be eligible for a record seal as long as you were not disqualified in numbers 1 through 6 above. Contact a Jacksonville criminal attorney for help with your Florida record seal. You can talk to a Jacksonville lawyer at (904) 564-2525.